GORDHANSINGH Vs. SUWALAL AND KALYANBUX

JUDGEMENT

(1.) THESE three revision applications have been filed by the defendants in three suits for the recovery of money. They have been referred to a Division Bench on account of the importance of the question involved in them, namely whether a particular document is a promissory note within the meaning of Section 2(22) of the Stamp Act which runs -

(2.) DOCUMENTS falling within the extended definition given under the Stamp Act are rarely met with in actual practice. The reported cases also deal with only such documents as come under the definition of promissory note as given in Section 4 of the Negotiable Instruments Act. Our observations in this ease will also be confined to such documents. It will be seen that in order that a document may fall within the definition of 'promissory note' contained in the Negotiable Instruments Act, it is necessary that there should be -

(3.) IN Ellis v. Ellis, 1820 COW 216 the document ran -